[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2444 Engrossed in House (EH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2444
_______________________________________________________________________
AN ACT
To establish a critical supply chain resiliency and crisis response
program in the Department of Commerce, and to secure American
leadership in deploying emerging technologies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ``Promoting Resilient Supply Chains
Act of 2025''.
SEC. 2. ADDITIONAL RESPONSIBILITIES OF ASSISTANT SECRETARY OF COMMERCE
FOR INDUSTRY AND ANALYSIS.
In addition to the responsibilities of the Assistant Secretary on
the day before the date of the enactment of this Act, the Assistant
Secretary shall have the following responsibilities:
(1) Promote the stability and resilience of critical supply
chains and critical and emerging technologies that strengthen
the national security of the United States.
(2) Lead the Working Group established pursuant to section
3 and consult covered nongovernmental representatives,
industry, institutions of higher education, and State and local
governments in order to--
(A) promote resilient critical supply chains; and
(B) identify, prepare for, and respond to supply
chain shocks to--
(i) critical industries;
(ii) critical supply chains; and
(iii) critical and emerging technologies.
(3) Encourage the growth and competitiveness of United
States production and manufacturing in the United States of
emerging technologies.
(4) Assess the resilience, diversity, and strength of
critical supply chains and critical and emerging technologies.
(5) In consultation with the Secretary of State and the
United States Trade Representative, support the availability of
critical goods from domestic manufacturers, domestic
enterprises, and manufacturing operations in countries that are
allies or key international partner nations.
(6) Assist the Federal Government in preparing for and
responding to supply chain shocks to critical supply chains,
including by improving flexible manufacturing capacities and
capabilities in the United States.
(7) Consistent with United States obligations under
international agreements, encourage and incentivize the reduced
reliance of domestic enterprises and domestic manufacturers on
critical goods from countries that are described in section
7(2)(B).
(8) Encourage the relocation of manufacturing facilities
that manufacture critical goods from countries that are
described in section 7(2)(B) to the United States and countries
that are allies or key international partner nations to
strengthen the resilience, diversity, and strength of critical
supply chains.
SEC. 3. CRITICAL SUPPLY CHAIN RESILIENCE WORKING GROUP.
(a) Establishment.--Not later than 120 days after the date of the
enactment of this Act, the Assistant Secretary shall establish a
working group to be known as the ``Supply Chain Resilience Working
Group'' (in this title referred to as the ``Working Group'') composed
of the Federal agencies that rely upon the Industry and Analysis
Business unit analysis, including agencies enumerated in subsection
(c).
(b) Activities.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary shall carry out the
following activities:
(1) In consultation with the Working Group--
(A) assessing, mapping, and modeling critical
supply chains, including for critical and emerging
technologies, which may include--
(i) modeling the impact of supply chain
shocks on critical industries (including for
critical and emerging technologies), and
critical supply chains;
(ii) assessing the demand for and supply of
critical goods, production equipment, and
manufacturing technology needed for critical
supply chains, including critical goods,
production equipment, and manufacturing
technology obtained by or purchased from a
person outside of the United States or imported
into the United States; and
(iii) assessing manufacturing, warehousing,
transportation, and distribution related to
critical supply chains;
(B) identifying high priority gaps and
vulnerabilities in critical supply chains and critical
industries (including critical industries for critical
and emerging technologies) that--
(i) exist as of the date of the enactment
of this Act; or
(ii) are anticipated to occur after the
date of the enactment of this Act;
(C) identifying potential supply chain shocks to a
critical supply chain that may disrupt, strain, or
eliminate the critical supply chain;
(D) evaluating the capability and capacity of
domestic manufacturers or manufacturers located in
countries that are allies or key international partner
nations to serve as sources for critical goods,
production equipment, or manufacturing technology
needed in critical supply chains;
(E) evaluating the effect on market stability that
may result from the disruption, strain, or elimination
of a critical supply chain;
(F) evaluating the state of the manufacturing
workforce, including by--
(i) identifying the needs of domestic
manufacturers; and
(ii) identifying opportunities to create
high-quality manufacturing jobs; and
(G) identifying and describing necessary tools,
including commercially available risk assessment tools,
that leverage data and industry expertise to provide
insights into critical supply chain vulnerabilities,
including how such tools fulfill the requirements
described in subparagraphs (A) through (F).
(2) In consultation with State and local governments, the
Working Group, and (as appropriate) countries that are allies
or key international partner nations--
(A) identifying opportunities to reduce gaps and
vulnerabilities in critical supply chains and critical
industries;
(B) encouraging consultation between the Federal
Government, industry, covered nongovernmental
representatives, institutions of higher education, and
State and local governments to--
(i) better respond to supply chain shocks
to critical supply chains and critical
industries (including critical industries for
emerging technologies); and
(ii) coordinate response efforts to supply
chain shocks;
(C) encouraging consultation between the Federal
Government and the governments of countries that are
allies or key international partner nations;
(D) identifying opportunities to build the capacity
of the United States in critical supply chains,
critical industries, and emerging technologies;
(E) identifying opportunities to build the capacity
of countries that are allies or key international
partner nations in critical industries (including
critical industries for emerging technologies) and
critical supply chains; and
(F) developing and assessing contingency plans and
coordination mechanisms to improve the response of
critical supply chains and critical industries to
supply chain shocks.
(c) Working Group Membership.--The Working Group shall include a
representative from each Federal agency that relies on the analysis of
the Industry and Analysis business unit, including--
(1) the Department of State;
(2) the Department of Defense;
(3) the Department of Homeland Security;
(4) the Department of Transportation;
(5) the Department of Energy;
(6) the Department of Agriculture;
(7) the Department of the Interior;
(8) the Department of Health and Human Services;
(9) the Office of the Director of National Intelligence;
and
(10) the Small Business Administration.
(d) Designations.--The Assistant Secretary shall--
(1) not later than 120 days after the date of the enactment
of this Act, designate--
(A) critical industries;
(B) critical supply chains; and
(C) critical goods;
(2) provide for a period of public comment and review in
carrying out paragraph (1); and
(3) update the designations made pursuant to paragraph (1)
not less frequently than once every 4 years, including
designations for technologies that are not described in section
7(12)(B) that the Assistant Secretary considers necessary.
(e) Implementation Report.--Not later than 1 year after the date of
the enactment of this Act, the Assistant Secretary shall submit to the
relevant committees of Congress a report that--
(1) details supply chain activities, including applicable
activities described in subsection (b) and responsibilities
described in section 2, that the Assistant Secretary has
conducted over the past year;
(2) describes supply chain data collected, retained, and
analyzed by the Assistant Secretary over the past year;
(3) identifies and describes necessary tools, including
commercially available risk assessment tools, that leverage
data and industry expertise to provide insights into critical
supply chain vulnerabilities, including how such tools fulfill
each responsibility described in subsection (b);
(4) identifies and describes all Federal agencies with
authorities or responsibilities described in subsection (b);
and
(5) identifies Federal agencies, programs, and bureaus with
duplicative purposes to fulfill any of the authorities or
responsibilities described in subsection (b).
(f) National Strategy and Review on Critical Supply Chain
Resiliency and Manufacturing in the United States.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the
Assistant Secretary, in consultation with the Working Group,
covered nongovernmental representatives, industries,
institutions of higher education, and State and local
governments, shall submit to the relevant committees of
Congress a report that--
(A) identifies--
(i) critical infrastructure that may assist
in fulfilling the responsibilities described in
section 2;
(ii) critical and emerging technologies
that may assist in fulfilling the
responsibilities described in section 2,
including such technologies that may be
critical to addressing preparedness,
weaknesses, and vulnerabilities relating to
critical supply chains;
(iii) critical industries, critical supply
chains, and critical goods designated pursuant
to subsection (d);
(iv) other supplies and services that are
critical to the crisis preparedness of the
United States;
(v) substitutes for critical goods,
production equipment, and manufacturing
technology;
(vi) methods and technologies, including
blockchain technology, distributed ledger
technology, and other critical and emerging
technologies, as appropriate, for the
authentication and traceability of critical
goods; and
(vii) countries that are allies or key
international partner nations;
(B) describes the matters identified and evaluated
under subsection (b)(1), including--
(i) the manufacturing base, critical supply
chains, and emerging technologies in the United
States, including the manufacturing base and
critical supply chains for--
(I) critical goods;
(II) production equipment; and
(III) manufacturing technology; and
(ii) the ability of the United States to--
(I) maintain readiness with respect
to preparing for and responding to
supply chain shocks; and
(II) in response to a supply chain
shock--
(aa) surge production in
critical industries;
(bb) surge production of
critical goods and production
equipment; and
(cc) maintain access to
critical goods, production
equipment, and manufacturing
technology;
(C) assesses and describes--
(i) the demand and supply of critical
goods, production equipment, and manufacturing
technology;
(ii) the production of critical goods,
production equipment, and manufacturing
technology by domestic manufacturers;
(iii) the capability and capacity of
domestic manufacturers and manufacturers in
countries that are allies or key international
partner nations to manufacture critical goods,
production equipment, and manufacturing
technology; and
(iv) how supply chain shocks could affect
rural, Tribal, and underserved communities;
(D) identifies threats and supply chain shocks that
may disrupt, strain, or eliminate critical supply
chains, critical goods, and critical industries
(including critical industries for emerging
technologies);
(E) with regard to any threat identified under
subparagraph (D), lists any threat or supply chain
shock that may originate from a country, or a company
or individual from a country, that is described in
section 7(2)(B);
(F) assesses--
(i) the resilience and capacity of the
manufacturing base, critical supply chains, and
workforce of the United States and countries
that are allies or key international partner
nations that can sustain critical industries
(including critical industries for emerging
technologies) through a supply chain shock; and
(ii) the effect innovation has on domestic
manufacturers;
(G) assesses the flexible manufacturing capacity
and capability available in the United States in the
case of a supply chain shock; and
(H) develops a strategy for the Department of
Commerce to support the resilience, diversity, and
strength of critical supply chains and critical and
emerging technologies to--
(i) support sufficient access to critical
goods by mitigating vulnerabilities in critical
supply chains, including critical supply chains
concentrated in countries that are described in
section 7(2)(B);
(ii) consult with other relevant agencies
to assist countries that are allies or key
international partner nations in building
capacity for manufacturing critical goods;
(iii) recover from supply chain shocks;
(iv) identify, in consultation with the
Working Group and other relevant agencies,
actions relating to critical supply chains or
emerging technologies that the United States
may take to improve responses to supply chain
shocks;
(v) protect against supply chain shocks
relating to critical supply chains from
countries that are described in section
7(2)(B); and
(vi) make specific recommendations to
implement the strategy under this section and
improve the security and resiliency of
manufacturing capacity and supply chains for
critical industries (including critical
industries for emerging technologies) by--
(I) developing long-term
strategies;
(II) increasing visibility into the
networks and capabilities of domestic
manufacturers and suppliers of domestic
manufacturers;
(III) identifying and mitigating
risks, including--
(aa) significant
vulnerabilities to supply chain
shocks; and
(bb) exposure to gaps and
vulnerabilities in domestic
capacity or capabilities and
sources of imports needed to
sustain critical industries
(including critical industries
for emerging technologies) or
critical supply chains;
(IV) identifying opportunities to
reuse and recycle critical goods,
including raw materials, to increase
resilient critical supply chains;
(V) consulting with countries that
are allies or key international partner
nations on--
(aa) sourcing critical
goods, production equipment,
and manufacturing technology;
and
(bb) developing,
sustaining, and expanding
production and availability of
critical goods, production
equipment, and manufacturing
technology during a supply
chain shock; and
(VI) providing guidance to other
relevant agencies with respect to
critical goods, supply chains, and
critical industries (including critical
industries for emerging technologies)
that should be prioritized to support
United States leadership in the
deployment of such technologies.
(2) Prohibition.--The report submitted pursuant to
paragraph (1) may not include--
(A) critical supply chain information that is not
aggregated;
(B) confidential business information of a private
sector entity; or
(C) classified information.
(3) Form.--The report submitted pursuant to paragraph (1),
and any update submitted thereafter, shall be submitted to the
relevant committees of Congress in unclassified form and may
include a classified annex.
(4) Public comment.--The Assistant Secretary shall provide
for a period of public comment and review in developing the
report submitted pursuant to paragraph (1).
(g) Consultation.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary shall enter into an
agreement with the head of any relevant agency to obtain any
information, data, or assistance that the Assistant Secretary
determines necessary to conduct the activities described in subsection
(b).
(h) Rule of Construction.--Nothing in this section may be construed
to require any private entity--
(1) to share information with the Secretary or Assistant
Secretary;
(2) to request assistance from the Secretary or Assistant
Secretary; or
(3) to implement any measure or recommendation suggested by
the Secretary or Assistant Secretary in response to a request
by the private entity.
(i) Protection of Voluntarily Shared Critical Supply Chain
Information.--
(1) Protection.--
(A) In general.--Notwithstanding any other
provision of law, critical supply chain information
(including the identity of the submitting person or
entity) that is voluntarily submitted under this
section to the Department of Commerce for use by the
Department for purposes of this section, when
accompanied by an express statement described in
subparagraph (B)--
(i) shall be exempt from disclosure under
section 552(b)(3) of title 5, United States
Code (commonly referred to as the ``Freedom of
Information Act'');
(ii) is not subject to any agency rules or
judicial doctrine regarding ex parte
communications with a decision-making official;
(iii) may not, without the written consent
of the person or entity submitting such
information, be used directly by the Department
of Commerce, any other Federal, State, or local
authority, or any third party, in any civil
action arising under Federal or State law if
such information is submitted in good faith;
(iv) may not, without the written consent
of the person or entity submitting such
information, be used or disclosed by any
officer or employee of the United States for
purposes other than the purposes of this
section, except--
(I) in furtherance of an
investigation or the prosecution of a
criminal act; or
(II) when disclosure of the
information would be--
(aa) to either House of
Congress, or to the extent of
matter within its jurisdiction,
any committee or subcommittee
thereof, any joint committee
thereof, or any subcommittee of
any such joint committee; or
(bb) to the Comptroller
General of the United States,
or any authorized
representative of the
Comptroller General, in the
course of the performance of
the duties of the Government
Accountability Office;
(v) may not, if provided to a State or
local government or government agency--
(I) be made available pursuant to
any State or local law requiring
disclosure of information or records;
(II) otherwise be disclosed or
distributed to any party by such State
or local government or government
agency without the written consent of
the person or entity submitting such
information; or
(III) be used other than for the
purpose of carrying out this section,
or in furtherance of an investigation
or the prosecution of a criminal act;
and
(vi) does not constitute a waiver of any
applicable privilege or protection provided
under law, such as trade secret protection.
(B) Express statement.--The express statement
described in this subparagraph, with respect to
information or records, is--
(i) in the case of written information or
records, a written marking on the information
or records substantially similar to the
following: ``This information is voluntarily
submitted to the Federal Government in
expectation of protection from disclosure as
provided by the provisions of the Promoting
Resilient Supply Chains Act of 2025.''; or
(ii) in the case of oral information, a
written statement similar to the statement
described in clause (i) submitted within a
reasonable period following the oral
communication.
(2) Limitation.--No communication of critical supply chain
information to the Department of Commerce made pursuant to this
section may be considered to be an action subject to the
requirements of chapter 10 of title 5, United States Code.
(3) Independently obtained information.--Nothing in this
subsection may be construed to limit or otherwise affect the
ability of a State, local, or Federal Government entity,
agency, or authority, or any third party, under applicable law
to obtain critical supply chain information in a manner not
covered by paragraph (1), including any information lawfully
and properly disclosed generally or broadly to the public and
to use such information in any manner permitted by law. For
purposes of this subsection, a permissible use of independently
obtained information includes the disclosure of such
information under section 2302(b)(8) of title 5, United States
Code.
(4) Treatment of voluntary submittal of information.--The
voluntary submittal to the Department of Commerce of
information or records that are protected from disclosure by
this section may not be construed to constitute compliance with
any requirement to submit such information to an agency under
any other provision of law.
(5) Inapplicability to semiconductor incentive program.--
This subsection does not apply to the voluntary submission of
critical supply chain information in an application for Federal
financial assistance under section 9902 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
SEC. 4. DEPARTMENT OF COMMERCE CAPABILITY ASSESSMENT.
(a) Report Required.--The Secretary shall produce a report--
(1) identifying the duties, responsibilities, resources,
programs, and expertise within the offices and bureaus of the
Department of Commerce relevant to critical supply chain
resilience and manufacturing innovation;
(2) identifying and assessing the purpose, legal authority,
effectiveness, efficiency, and limitations of each office or
bureau identified under paragraph (1); and
(3) providing recommendations to enhance the activities
related to critical supply chain resilience and manufacturing
innovation of the Department of Commerce, including--
(A) improving the effectiveness, efficiency, and
impact of the offices and bureaus identified under
paragraph (1);
(B) coordinating across offices and bureaus
identified under paragraph (1); and
(C) consulting with agencies implementing similar
activities related to critical supply chain resilience
and manufacturing innovation.
(b) Submission of Report.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall submit to the relevant
committees of Congress the report required by subsection (a), along
with a strategy to implement, as appropriate and as determined by the
Secretary, the recommendations contained in the report.
SEC. 5. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated to carry out
this title.
SEC. 6. SUNSET.
This title and all requirements, responsibilities, and obligations
under this title shall terminate on the date that is 10 years after the
date of the enactment of this Act.
SEC. 7. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Ally or key international partner nation.--The term
``ally or key international partner nation''--
(A) means a country that is critical to addressing
critical supply chain weaknesses and vulnerabilities;
and
(B) does not include--
(i) a country that poses a significant risk
to the national security or economic security
of the United States; or
(ii) a country that is described in section
503(b) of the RANSOMWARE Act (title V of
division BB of the Consolidated Appropriations
Act, 2023; Public Law 117-328; 136 Stat. 5564).
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce assigned by the
Secretary to direct the office of Industry and Analysis.
(4) Covered nongovernmental representative.--The term
``covered nongovernmental representative'' means a
representative as specified in the second sentence of section
135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)),
except that such term does not include a representative of a
non-Federal government.
(5) Critical good.--The term ``critical good'' means any
raw, in process, or manufactured material (including any
mineral, metal, or advanced processed material), article,
commodity, supply, product, or item for which an absence of
supply would have a debilitating impact on--
(A) the national security or economic security of
the United States; and
(B) either--
(i) critical infrastructure; or
(ii) an emerging technology.
(6) Critical industry.--The term ``critical industry''
means an industry that--
(A) is critical for the national security or
economic security of the United States; and
(B) produces or procures a critical good.
(7) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016 of the Critical Infrastructures Protection Act of 2001 (42
U.S.C. 5195c).
(8) Critical supply chain.--The term ``critical supply
chain'' means a supply chain for a critical good.
(9) Critical supply chain information.--The term ``critical
supply chain information'' means information that is not
customarily in the public domain and relates to--
(A) sustaining and adapting a critical supply chain
during a supply chain shock;
(B) critical supply chain risk mitigation and
recovery planning with respect to a supply chain shock,
including any planned or past assessment, projection,
or estimate of a vulnerability within the critical
supply chain, including testing, supplier network
assessments, production flexibility, supply chain risk
evaluations, supply chain risk management planning, or
risk audits; or
(C) operational best practices, planning, and
supplier partnerships that enable enhanced resilience
of a critical supply chain during a supply chain shock,
including response, repair, recovery, reconstruction,
insurance, or continuity.
(10) Domestic enterprise.--The term ``domestic enterprise''
means an enterprise that conducts business in the United States
and procures a critical good.
(11) Domestic manufacturer.--The term ``domestic
manufacturer'' means a business that conducts in the United
States the research and development, engineering, or production
activities necessary for manufacturing a critical good.
(12) Emerging technology.--The term ``emerging technology''
means a technology that is critical for the national security
or economic security of the United States, including the
following:
(A) Technologies included in the American COMPETE
Act (title XV of division FF of the Consolidated
Appropriations Act, 2021; Public Law 116-260; 134 Stat.
3276).
(B) The following technologies:
(i) Artificial intelligence.
(ii) Automated vehicles and unmanned
delivery systems.
(iii) Blockchain and other distributed
ledger, data storage, data management, and
cybersecurity technologies.
(iv) Quantum computing and quantum sensing.
(v) Additive manufacturing.
(vi) Advanced manufacturing and the
Internet of Things.
(vii) Nano technology.
(viii) Robotics.
(ix) Microelectronics, optical fiber ray,
and high performance and advanced computer
hardware and software.
(x) Semiconductors.
(xi) Advanced materials science, including
composition 2D, other next generation
materials, and related manufacturing
technologies.
(13) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(14) Manufacture.--The term ``manufacture''--
(A) means any activity that is necessary for the
development, production, processing, distribution, or
delivery of any raw, in process, or manufactured
material (including any mineral, metal, and advanced
processed material), article, commodity, supply,
product, critical good, or item of supply; and
(B) does not include software unrelated to the
manufacturing process.
(15) Manufacturing technology.--The term ``manufacturing
technology'' means a technology that is necessary for the
manufacturing of a critical good.
(16) Production equipment.--The term ``production
equipment'' means any component, subsystem, system, equipment,
tooling, accessory, part, or assembly necessary for the
manufacturing of a critical good.
(17) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the following:
(A) The Committee on Commerce, Science, and
Transportation of the Senate.
(B) The Committee on Energy and Commerce of the
House of Representatives.
(18) Resilient critical supply chain.--The term ``resilient
critical supply chain'' means a critical supply chain that--
(A) ensures that the United States can sustain
critical industry, including emerging technologies,
production, critical supply chains, services, and
access to critical goods, production equipment, and
manufacturing technology during a supply chain shock;
and
(B) has key components of resilience that include--
(i) effective private sector risk
management and mitigation planning to sustain
critical supply chains and supplier networks
during a supply chain shock; and
(ii) minimized or managed exposure to a
supply chain shock.
(19) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(20) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
(21) Supply chain shock.--The term ``supply chain shock''--
(A) means an event causing severe or serious
disruption to normal operations or capacity in a supply
chain; and
(B) includes--
(i) a natural disaster;
(ii) a pandemic;
(iii) a biological threat;
(iv) a cyber attack;
(v) a geopolitical conflict;
(vi) a terrorist or geopolitical attack;
(vii) a trade disruption caused by--
(I) a country described in
paragraph (2)(B); or
(II) an entity or an individual
subject to the jurisdiction of such a
country; and
(viii) an event for which the President
declares a major disaster or an emergency under
section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170; 42 U.S.C.
5191).
Passed the House of Representatives April 28, 2025.
Attest:
Clerk.
119th CONGRESS
1st Session
H. R. 2444
_______________________________________________________________________
AN ACT
To establish a critical supply chain resiliency and crisis response
program in the Department of Commerce, and to secure American
leadership in deploying emerging technologies, and for other purposes.